DUE PROCESS
The evidence shows that domestic partnerships do not
fulfill California’s due process obligation to plaintiffs for two
reasons. First, domestic partnerships are distinct from marriage
and do not provide the same social meaning as marriage. FF 53-54.
Second, domestic partnerships were created specifically so that
California could offer same-sex couples rights and benefits while
explicitly withholding marriage from same-sex couples. Id, Cal Fam
Code § 297 (Gov Davis 2001 signing statement: “In California, a
legal marriage is between a man and a woman. * * * This [domestic
partnership] legislation does nothing to contradict or undermine
the definition of a legal marriage.”).
The evidence at trial shows that domestic partnerships exist solely to differentiate same-sex unions from marriages. FF
53-54. A domestic partnership is not a marriage; while domestic
partnerships offer same-sex couples almost all of the rights and
responsibilities associated with marriage, the evidence shows that
the withholding of the designation “marriage” significantly
disadvantages plaintiffs. FF 52-54. The record reflects that
marriage is a culturally superior status compared to a domestic
partnership. FF 52. California does not meet its due process
obligation to allow plaintiffs to marry by offering them a
substitute and inferior institution that denies marriage to same sex
couples.